State v. Ramsey

MeMILLAN, Judge.

Robert'Alen Ramsey was indicted on two alternative counts of felony driving under the influence of alcohol. See § 32-5A-191(h), Code of Alabama 1975. He moved to dismiss the indictment on the grounds that it failed to charge an indictable offense. Ater a hearing, the trial court granted the motion and dismissed the indictment, finding that there was insufficient evidence that Ramsey had waived counsel with regard to an underlying conviction on December 16,1992, in the Cullman Municipal Court for driving under the influence of alcohol.

The Uniform Traffic Ticket and Complaint…